Page:United States Statutes at Large Volume 112 Part 2.djvu/274

 112 STAT. 1158 PUBLIC LAW 105-220—AUG. 7, 1998 Notification. "(3) PROCEDURES FOR MONITORING.— In conducting monitoring under this section the Commissioner shall conduct— "(A) onsite visits, including onsite reviews of records to verify that the State is following requirements regarding the order of selection set forth in section 101(a)(5)(A); "(B) public hearings and other strategies for collecting information from the public; "(C) meetings with the State Rehabilitation Council, if the State has such a Council or with the commission described in section 101(a)(21)(A)(i), if the State has such a commission; "(D) reviews of individual case files, including individualized plans for employment and ineligibility determinations; and "(E) meetings with qualified vocational rehabilitation counselors and other personnel. " (4) AREAS OF INQUIRY.—In conducting the review and monitoring, the Commissioner shall examine— "(A) the eligibility process; "(B) the provision of services, including, if applicable, the order of selection; "(C) such other areas as may be identified by the public or through meetings with the State Rehabilitation Council, if the State has such a Council or with the commission described in section 101(a)(21)(A)(i), if the State has such a commission; and "(D) such other areas of inquiry as the Commissioner may consider appropriate. "(5) REPORTS. —I f the Commissioner issues a report detailing the findings of an annual review or onsite monitoring conducted under this section, the report shall be made available to the State Rehabilitation Council, if the State has such a Council, for use in the development and modification of the State plan described in section 101. "(b) TECHNICAL ASSISTANCE. —The Commissioner shall— "(1) provide technical assistance to programs under this title regarding improving the quality of vocational rehabilitation services provided; and "(2) provide technical assistance and establish a corrective action plan for a program under this title if the Commissioner finds that the program fails to comply substantially with the provisions of the State plan, or with evaluation standards or performance indicators established under section 106, in order to ensure that such failure is corrected as soon as practicable. "(c) FAILURE TO COMPLY WITH PLAN. — "(1) WITHHOLDING PAYMENTS. —Whenever the Commissioner, after providing reasonable notice and an opportunity for a hearing to the State agency administering or supervising the administration of the State plan approved under section 101, finds thal^ "(A) the plan has been so changed that it no longer complies with the requirements of section 101(a); or "(B) in the administration of the plan there is a failure to comply substantially with any provision of such plan or with an evaluation standard or performance indicator established under section 106,

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